If you’ve been hurt in a crash and you already had a medical condition before the accident, you might be asking yourself: “Can I still file a claim?” The short answer is yes—but it can get complicated. As a Florida car accident attorney, I’ve worked with plenty of clients who were worried that a pre-existing injury would ruin their case. The truth is, it doesn’t have to.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any health issue you had before the accident happened. That might include chronic back pain, arthritis, past surgeries, or even older injuries from another crash. Insurance companies love to dig into this. Why? Because they’ll argue that your current pain isn’t from the recent accident—it’s from something that happened before.
Florida Law Protects Injury Victims with Prior Conditions
The “Eggshell Plaintiff” Rule
Under Florida law, there’s a concept called the “eggshell plaintiff” rule. Basically, it means that a person who is more vulnerable to injury still has the right to be fully compensated if someone else’s negligence made things worse. In other words, just because you had a bad back before doesn’t mean the at-fault driver gets off the hook for aggravating it.
This is exactly where a knowledgeable car accident attorney steps in. Your lawyer can gather medical records, work with your doctors, and show exactly how the accident made your condition worse. It’s not about hiding your medical history—it’s about proving that the crash created new harm or intensified an existing issue.
Be Honest, But Strategic
Always be upfront about your medical history. Trying to hide a pre-existing condition will only damage your credibility. What matters is how your injuries changed after the crash. Did the pain increase? Did your range of motion decrease? Did you need new treatment or surgery? That’s what your attorney will help you document.
Talk to a Car Accident Attorney Who Understands Florida Injury Law
Pre-existing conditions may complicate things, but they don’t disqualify you from fair compensation. If you’re dealing with a situation like this, don’t try to handle it alone. Speak with Attorney Kevin Sullivan, an experienced car accident attorney who knows how to navigate these challenges under Florida law.
Call (813) 598-4868 today for a case evaluation and let an experienced car accident attorney help you protect your rights.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your auto accident attorney Largo and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.